ered to take the smallest sum had her
assigned to him. The marriage portions were furnished by the money
paid for the beautiful damsels, and thus the fairer maidens portioned
out the uglier. No one was allowed to give his daughter in marriage to
the man of his choice, nor might anyone carry away the damsel whom he
had purchased without finding bail really and truly to make her his
wife; if, however, it turned out that they did not agree, the money
might be paid back. All who liked might come, even from distant
villages, and bid for the women."[268]

This custom is mentioned by other writers, but it is impossible to
ascertain at what period it became prevalent in Babylonia and by whom
it was introduced. Herodotus understood that it obtained also in "the
Illyrian tribe of the Eneti", which was reputed to have entered Italy
with Antenor after the fall of Troy, and has been identified with the
Venetians of later times. But the ethnic clue thus afforded is
exceedingly vague. There is no direct reference to the custom in the
Hammurabi Code, which reveals a curious blending of the principles of
"Father right" and "Mother right". A girl was subject to her father's
will; he could dispose of her as he thought best, and she always
remained a member of his family; after marriage she was known as the
daughter of so and so rather than the wife of so and so. But marriage
brought her freedom and the rights of citizenship. The power vested in
her father was never transferred to her husband.

A father had the right to select a suitable spouse for his daughter,
and she could not marry without his consent. That this law did not
prevent "love matches" is made evident by the fact that provision was
made in the Code for the marriage of a free woman with a male slave,
part of whose estate in the event of his wife's death could be claimed
by his master.

When a betrothal was arranged, the father fixed the "bride price",
which was paid over before the contract could be concluded, and he
also provided a dowry. The amount of the "bride price" might, however,
be refunded to the young couple to give them a start in life. If,
during the interval between betrothal and marriage, the man "looked
upon another woman", and said to his father-in-law, "I will not marry
your daughter", he forfeited the "bride price" for breach of promise
of marriage.

A girl might also obtain a limited degree of freedom by taking vows of
celibacy and becoming one of the